[HISTORY: Adopted by the Township Board of the Charter Township of Huron 2-22-2017 by Ord. No. 17-01. Amendments noted where applicable.]
The purpose of this chapter is to publish standards of ethical conduct.
A. 
The Township hereby declares that public employments are public trusts and that an effort to realize personal gain through official conduct is a violation of such trust. The vitality and stability of the Charter Township of Huron government depends upon maintaining public confidence in the integrity of its elected officials, appointed officers and employees. Whenever conduct undermining that integrity occurs, either actual or perceived, public confidence is jeopardized.
B. 
In furtherance of maintaining public confidence in the integrity of its elected officials, appointed officers and employees, the government of the Charter Township of Huron has a duty to pronounce Standards of Ethical Conduct which:
(1) 
Ensure public duties are forthrightly and ethically performed; and
(2) 
Inform Township officials, appointed officers, employees and agents of the standards which the citizenry expects them to observe.
This chapter shall be known and may be cited as the "Charter Township of Huron Code of Ethics."
It is the public policy of this Township that all elected officials, appointed officers and employees shall construe and implement ethical standards and guidelines with sincerity, integrity and commitment, so as to advance the spirit of this chapter, in accordance with the following guiding principles:
A. 
Public interest. Township elected officials, appointed officers and employees are delegated power from the public and are obligated to exercise that power as trustees of the public. The power and resources of government services therefore shall be used only to advance the public interest.
B. 
Objective judgment. Loyalty to the public interest requires that all matters shall be decided with independent, objective judgment, free from avoidable conflicts of interest, improper influences, and competing loyalties.
C. 
Accountability. Government affairs shall be conducted in an open, efficient, fair and honorable manner, which enables citizens to make informed judgments and to hold elected officials, appointed officers and employees accountable.
D. 
Democratic leadership. Township elected officials, appointed officers and employees shall honor and respect the spirit and principles of representative democracy and will scrupulously observe the spirit as well as the letter of the law.
E. 
Respectfulness. All Township elected officials, appointed officers and employees shall safeguard public confidence by being honest, fair, and respectful of all persons and property with whom they have contact, by maintaining nonpartisanship in all official acts, and by avoiding conduct which may tend to undermine respect for Township elected officials, appointed officers and employees and for the Township as an institution.
F. 
Propose and monitor an ongoing program of education. The Township elected officials, appointed officers and employees regarding ethical issues and concerns shall consult and work in cooperation with the Township's collective bargaining units in the development, implementation, and evaluation of such ongoing education programs.
As used in this chapter, the following terms shall have the meanings ascribed to them:
BUSINESS
Any agents, agency, petitioner, contractor, vendors, individuals, contracted person or entities operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or a service, including but not limited to entities operated in the form of a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, activity or other entities which is organized for profit.
COMPENSATION
Any payment, money, property, thing of value or benefit received by any person in return for services rendered.
CONFLICT OF INTEREST
Either a personal interest or a duty or loyalty to a third party that competes with or is adverse to a Township elected official's, appointed officer's or employee's duty to the public interest in the exercise of official duties or official actions.
GIFT
A. 
Anything of value, subscription, advance, payment, forbearance, rendering or deposit of money, loan of money, goods, or services given without due consideration.
B. 
"Gift" does not include:
(1) 
Information-gathering trips paid for by a person or entity seeking approval of a proposal from a decisionmaking body of the Township, provided that the decisionmaking body, prior to the trip, makes all of the following determinations:
(a) 
The information will be useful and material;
(b) 
The trip will improve and not unduly influence the decisional process; and
(c) 
The decisionmaking body of the Township Board designates the elected official(s) and/or appointed officer(s) and/or employee(s) who will participate.
(2) 
Small perishable or consumable gifts of a nominal value, and any reportable campaign contributions pursuant to state law.
IMMEDIATE FAMILY
A spouse of an individual, child or grandchild of an individual (whether or not the child or grandchild is the natural offspring of the legal parent or parents and whether or not the child or grandchild is financially dependent on the parent or parents) or an individual claimed by that individual or individual's spouse as a dependent under the Internal Revenue Code, or the parents, parents-in-law, brothers, sisters, brothers-in-law, sisters-in-law, stepparents, step-brothers or stepsisters of an individual wherever residing or any relative or person sharing the same household.
OFFICIAL DUTIES or OFFICIAL ACTIONS
Decisions, recommendations, approvals, disapprovals or other actions which involve the use of discretionary authority.
TOWNSHIP ELECTED OFFICIAL, APPOINTED OFFICER, EMPLOYEE OR AGENT
A person elected, an appointed deputy, appointed persons to boards and commissions created pursuant to state law and properly established or created by the Township Board, an at-will contractual employee, or an employee employed of the governmental body of the Township, any multi-member body created by ordinance of the Charter Township of Huron, and quasi-government or independent agencies; and includes contracted employees acting in a policy-making capacity in the performance of an official duty or otherwise serving in any capacity involving the exercise of a public power, trust or duty for the Charter Township of Huron.
A. 
Gifts. Township elected officials, appointed officers and employees shall not, directly or indirectly, solicit or accept a gift, loan, travel, a reward or a promise that could unduly influence the vote or official action or decision of the manner in which they enact their official duties. This section does not include tickets to entertainment, sporting or theatrical events and the like that may be obtained incidental to or in the course of employment, which tickets are of no significant value.
B. 
Moonlighting. All Township elected officials, appointed officers, and employees are expected to devote their primary work efforts to the business within the Township that they were hired for. Therefore, elected officials, appointed officers or employees must refrain from engaging in other employment that:
(1) 
Could be inconsistent with the best interest of the Township;
(2) 
Could, by reason of association, have a derogatory effect on the Township, or could require devoting so much time and effort to the job that work efficiency is or would be adversely affected;
(3) 
Appointed officers and employees are to conduct only Township business while at work and may not conduct personal business for another employer during their employment hours with the Township.
C. 
Nepotism. No Township elected official, appointed officer or employee shall cause the employment or any favorable employment action of an immediate family member. No person shall hold an appointive office or employment under the direct supervision of an immediate family member. No Township elected official, appointed officer or employee shall participate in any employment decision about that family member. This section shall not prevent a Township elected official, appointed officer or employee from preparing or approving a budget which includes compensation for an immediate family member, so long as that immediate family member receives the same treatment as others in his/her classification.
D. 
Preferential treatment. Township elected officials, appointed officers or employees shall not use his/her official position to unreasonably secure, request or grant, any privileges, exemptions, advantages, contracts, or preferential treatment for himself/herself or others.
E. 
Use of information. A Township elected official, appointed officer or employee who acquires information in the course of his or her official duties, which by law or policy is confidential, shall not prematurely divulge that information to an unauthorized person, nor use the information to further the private interest of the Township elected official, appointed officer or employee or any third party. Information which is deemed exempt from disclosure under Michigan Freedom of Information Act, Act 442, Public Acts of Michigan, 1976,[1] or which is the subject of a duly called closed meeting held in accordance with the Michigan Open Meetings act, Act 267, Public Acts of Michigan, 1976,[2] is confidential. A Township elected official, appointed officer or employee shall not suppress or refuse to provide Township reports or other information which is publicly available.
[1]
Editor's Note: See MCLA § 15.231 et seq.
[2]
Editor's Note: See MCLA § 15.261 et seq.
F. 
Use of Township property. A Township elected official, appointed officer or employee shall not, directly or indirectly, use any Township property for their own personal gain.
G. 
Political activity. No Township elected official, appointed officer or employee shall use any Township time or property for his/her own political benefit or for the political benefit of any other person seeking elective office. No political activity shall interfere with the performance of the usual duties of any Township elected official, appointed officer or employee.
A. 
In general.
(1) 
No Township elected official, appointed officer or employee:
(a) 
Shall engage in employment, render services, or engage in any business, transaction or activity which is in direct conflict of interest with his/her official duties;
(b) 
Use any confidential information obtained in the exercise of his/her official duties for personal gain or for the gain of others;
(c) 
Intentionally take or refrain from taking any official action, or induce or attempt to induce any other Township elected official, appointed officer or employee to take or refrain from taking any action, on any matter before the Township which would result in a financial benefit for any of the following:
[1] 
The Township elected officials, appointed officers or employees;
[2] 
Any immediate family member;
[3] 
An outside employer;
[4] 
Any business in which the Township elected official, appointed officer or employee, or any immediate family member of the Township elected official, appointed officer or employee, has a financial interest;
[5] 
Any business with which the Township elected official, appointed officer or employee or any immediate family member is negotiating or seeking prospective employment or other business or professional relationship.
(2) 
For purposes of this section, "financial benefit" means only a financial benefit which accrues to a greater extent than any benefit which could reasonably be expected to accrue from the proposed action to the general public or to the general business, occupation or profession taken as a group.
B. 
In contracts.
(1) 
Except as otherwise permitted herein, no Township elected official, appointed officer or employee or any immediate family member of a Township elected official, appointed officer or employee shall be a party, directly or indirectly, to any contract with the Township except for employment contracts or collective bargaining agreements. The foregoing shall not apply if the contract or employee shall not have participated in establishing contract specifications or awarding the contract, or shall not manage contract performance after the contract is awarded.
(2) 
A Township elected official, appointed officer or employee or any immediate family member of a Township elected official, appointed officer or employee shall not engage in a business transaction with the Township except as permitted by Act 317, Public Acts of Michigan, 1968, as amended.[1] Compliance with the requirements of said Act shall constitute compliance with this subsection.
[1]
Editor's Note: See MCLA § 15.321 et seq.
(3) 
Upon adoption of this chapter, and upon election, appointment or first hiring thereafter; each Township elected official, appointed officer and employee shall be provided a copy of this chapter and Act 317 of 1968, as amended.
C. 
Municipal contracts. Township elected officials, appointed officers, and employees shall not, directly or indirectly, solicit or accept a gift or trip (as both defined in § 28-5), loan, reward, or a promise of monetary value from any business, contractor, or potential contractor having business with the Township with respect to the procurement of any supplies, equipment, construction, or other services, that could unduly influence the vote, official action, or decision of the manner in which such Township elected officials, appointed officers, and employees enact their official duties regarding such supplies, equipment, construction, or other services. This prohibition shall apply regardless of whether such supplies, equipment, construction, or services are being paid with Township, state, or federal funds. This prohibition shall also apply to the agents and employees of such businesses, contractors, or potential contractors.
A. 
Annual disclosure statement — who shall file. The following Township elected officials, appointed officers and employees shall file an annual disclosure statement:
(1) 
The Township Supervisor, members of the Township Board, Township Clerk and Township Treasurer; as well as
(2) 
Deputy Supervisor, Deputy Clerk and Deputy Treasurer; the department heads and at-will employees of all Township departments;
(3) 
The members of the Planning Commission and the Zoning Board of Appeals;
(4) 
Other Township officials, employees and appointed Commissioners who, in the ordinary course of their duties, regularly exercise significant discretion over the solicitation, negotiation, approval, awarding, amendment, performance, or renewal of Township contracts.
B. 
Annual disclosure statement — content.
(1) 
The annual disclosure statement shall disclose the following business legal or financial interest of the Township elected official, appointed officer or employee or of the Township elected officials, appointed officer's or employee's immediate family in any company, business or entity that has contracted with the Township in the two calendar years prior to the filing of the statement:
(a) 
Any interest as a partner, member, employee or contractor in or for a copartnership or other unincorporated association;
(b) 
Any interest as a beneficiary or trustee in a trust;
(c) 
Any interest as a director, officer, employee or contractor in or for a corporation;
(d) 
Legal or beneficial ownership of 1% or more of the total outstanding stock of a private corporation not listed on the stock exchange;
(e) 
Legal or beneficial ownership of stock with a market value of $25,000 or more in a company which is doing business with the Township and which is not listed on the New York or American Stock Exchange.
(2) 
The annual disclosure statement shall include a summary listing each business transaction with the Township involving a financial interest described in this section of the Township elected official, appointed officer or the employee or the Township elected officials, appointed officers or employee's immediate family during the prior two calendar years.
(3) 
If there is no reportable financial interest or transaction applicable to the Township elected official, appointed officer or employee or the Township elected officials, appointed officers or employee's immediate family, the annual disclosure statement shall contain a certification as to that fact.
C. 
Annual disclosure statement — when and where filed. One original executed annual disclosure statement and one copy shall be filed with the Clerk's Department on or before August 1 each year.
D. 
Transactional disclosure. A Township elected official, appointed officer or employee shall not:
(1) 
Participate in the course of official duties, in any transaction which subsequently would be required to be disclosed in an annual disclosure statement or which would constitute a conflict of interest under § 28-7, Conflict of interest, without disclosing the interest in the transaction prior to participating in the transaction. If the elected official, appointed officer, or employee is a member of a decisionmaking or advising body, the disclosure must be made to the chair and other members, and made part of the official record of the body. A board member who absents himself/herself from a vote shall disclose the reason to the entire body. In the case of an employee, the disclosure must be made to his/her immediate department head.
E. 
Disclosure forms. All disclosures shall be made on forms provided for that purpose. The Township Clerk shall receive and retain on file copies of disclosure statements, and other materials required to be filed under this chapter. All disclosure statements shall become public documents. The Township Board shall adopt disclosure forms, which may be revised from time to time.
A. 
It is the finding of the Township Board that the people of the Township want legislation to ensure that conflicts of interest are eliminated to the fullest extent possible and that violations of rules of ethical conduct are investigated and punished, where appropriate. This chapter is intended to encourage and promote the highest standards of ethical conduct and behavior by Township elected officials, appointed officers and employees.
B. 
Any person or entity who believes that a conflict of interest exists as prohibited by this chapter may make a complaint of the same by filing a written, sworn and signed complaint with the Clerk's office alleging a violation by any elected official, appointed officer or employee of the Township.
(1) 
The complaint shall be based on personal knowledge and shall fully state the facts of the alleged violation of the Standards of Ethical Conduct and be filed with the Clerk.
(2) 
Once a complaint is received, the Clerk shall cause the same to be investigated and referred to the Township Attorney, or his or her designee, for review and recommendation.
(3) 
If a complaint concerns an employee covered by a collective bargaining agreement, the Clerk and Township Attorney may forward the complaint to the employee's department head to be adjudicated pursuant to the procedures of the collective bargaining agreement.
(4) 
Within 14 days, the Clerk and Township Attorney, or his or her designee, shall review and perform an evaluation of the alleged violation and make a recommendation:
(a) 
Dismissal of complaint for nonviolation of the standards of ethical conduct; or
(b) 
If probable cause of the violation of the standards of ethical conduct is found, the Township Attorney or his designee shall issue the violator a citation and complaint for possible municipal civil infraction.
(c) 
If probable cause exists to support a violation of Act 317 of 1968,[1] the matter may be referred to the proper authorities for prosecution as a misdemeanor.
[1]
Editor's Note: See MCLA § 15.321 et seq.
(5) 
No person making a complaint or requesting an advisory opinion shall be retaliated against in any manner for such action or participation.
All complaints are strictly confidential. The Clerk shall keep requests for violation and/or advisory opinions strictly confidential. All persons alleged to have violated this chapter shall be afforded due process of law, including notice, the opportunity to be heard, and the right to representation of their choice.
If probable cause of a violation of this chapter is found valid, the Township Attorney shall issue the violator a citation and complaint for civil infraction, and the matter shall be referred to the local district court for prosecution. The Township Board shall, by separate resolution, create a fine schedule regarding violations, with fines not to exceed $500.
This chapter shall be reviewed every three years to evaluate its operation and to propose any changes needed.
Nothing in this chapter shall be read or implied to supersede any provision of a collective bargaining agreement in effect on the effective date of this chapter.